On Saturday, the High Court of Ireland refused to grant a provisional arrest warrant for Edward Snowden, citing an inadequately written request from the United States. The judgment appears to have been published publicly for the first time on Monday.

The NSA leaker remains holed up in a Moscow airport, and he has filed a flurry of asylum requests. This includes paperwork with Ireland—but Irish authorities have said that Snowden can only be considered if he arrives in Ireland. In recent days, Snowden has been granted asylum in Venezuela, Nicaragua, and Bolivia.

Justice Colm Mac Eochaidh outlined the four primary elements of the Extradition Act of 1965 between Ireland and the United States. This document details that the extradition request must include the circumstances of the alleged crimes, when such offenses are alleged to have been committed, where they are alleged to have been committed, and the alleged degree of involvement of the suspect.

The Irish justice cited specifically that he is satisfied with the American details concerning the first and fourth points, but he still has problems with precisely when and where Snowden’s crimes are alleged to have taken place:

The difficulty with this is that we have a timeframe within which Mr. Snowden was definitely in the United States of America and that is between March 2013 and May 19, 2013. Thereafter, Mr. Snowden, on the information available to this court, was outside of the United States of America. I am told that he was in Japan and in Hong Kong.

It is of note that the offences with which Mr. Snowden is charged relate, not to the publication of the information, but to its unauthorized disclosure. The question for this court is whether the request for the provisional warrant tells this court where the unauthorized disclosure took place. It seems to me that there are a number of possibilities.

(i) That the information was disclosed in the United States of America;
(ii) That the disclosure took place in Japan some time on or after May 19, 2013 or in Hong Kong some time after May 20, 2013.

The question of where the offense took place is not a minor detail but is a matter which could have very serious consequences in any further stage that might be reached in an extradition process. That is because if it is the case that the offenses took place outside of the territory of the United States of America, the question will arise as to whether there is extraterritorial effect in respect of the US offenses, but more importantly, whether the Irish equivalent offenses have an extraterritorial effect or aspect to them. There would need to be sufficient similarity between the two offenses in order for there to be an extradition. That is a matter that is not before the court now and is of no concern. I am simply referring to that as to why I think it is important that the place where the commission of the offences be indicated.

My conclusion in this matter is that the request made on July 5, 2013 by the United States of America through its Embassy in Dublin fails to indicate the place where any of the offenses took place.

Therefore, I am compelled to refuse the application by the United States of America for a provisional Arrest Warrant in respect of Mr. Edward J. Snowden.

However, Irish Justice Minister Alan Shatter said in a statement that there is nothing to prevent the US from making a second application to the courts in Dublin with respect to Snowden.

"The determination of the court does not in any way prevent a fresh application being made for a provisional arrest warrant, taking into account the findings of the court," he wrote. "It should be noted that what the court in its judgment today addressed was the issuing of an arrest warrant on the basis of specific information rather than a determination as to whether an individual should or should not be extradited.”

64 Reader Comments

Hmm. So are arrest warrants and asylum requests treated equally in Ireland? Is it a matter of first come, first serve?

It would be rather ironic if the list of countries from which Snowden has applied his asylum requests were used against him as the U.S. government issues arrest warrants for each and every one of those countries.

Although, my assumption is that the laws of each sovereign state will dictate which takes precedence: arrest warrant or asylum request.

Hmm. So are arrest warrants and asylum requests treated equally in Ireland? Is it a matter of first come, first serve?

It would be rather ironic if the list of countries from which Snowden has applied his asylum requests were used against him as the U.S. government issues arrest warrants for each and every one of those countries.

A grant of asylum would be a statement that the granting country does not believe the seeker committed a crime, as that country would define it, but is being persecuted for one or more of a set of conditions (race, religion, political belief, etc.) It is, of course, possible that an individual did both: committed a crime that would subject them to extradition, and is likely to be persecuted. In that case, they would generally not be extradited. Specifics depend on the country in question, of course.

IANAL, especially not an Irish one, but basically: if he is granted asylum he's free from any worries of extradition. Even if he isn't granted asylum, he still might not be subject to extradition, even if he is arrested.

One reason that Ireland has been asked to extradite Snowden if he arrives in Ireland is that Shannon Airport is very often used by Russian Airlines as a refueling point in flights from Moscow to Cuba and other points South American.

It is unlikely Ireland would grant him asylum. However there is a real possibility that if Snowden tried to fly from Moscow to Cuba, Venezuela, Bolivia etc, his flight would touch down in Ireland to refuel. So having an outstanding warrant for his arrest in Ireland is like closing off an avenue for him to reach one of the countries that has promised him asylum.

I am honestly starting to doubt that Snowden is in the russian airport, I reckon that story and all the reports on places he may go to and apply for asylum from is just smoke and mirrors.

Who would seriously consider Ireland for asylum?

edit: where he actually is; I can't even guess, but for such a clever guy to get trapped in a Russian transit zone and sit twiddling his thumbs for weeks, whilst announcing all his possible escape routes to the world just seems a bit off.

I'm not a lawyer, but I think that EU countries cannot extradite someone if they are at risk of receiving the death penalty. So that's something US officials might have to be careful about, they might need to be selective in the crimes they accuse him of. Perhaps his lawyers could argue that the US authorities are likely to accuse him of treason once they bet their hands on him, even if they don't in the official extradition request, it could be something that would buy him time. That said, the RoI government is one of the more consistently deferential ones to US interests, so I would be very shocked if they didn't eventually hand him over.

The obvious solution for the USA is to get the RIAA and MPAA guys involved. Perhaps Snowden has an iPod with $8 million dollars worth of stolen music on it?

Don't be so credulous; handing him over is a 95% political decision. Hong Kong would have accepted an extradition request written in crayon if suited their interests; if it wasn't the spelling of the name they would have come up with some other technicality as a pretext. In fact, for all we know the American side agreed to misspell the name in some sort of diplomatic puppet theatre; stranger things happen in law and diplomacy every day.

I wonder if these other countries are finally going to start sticking up to the US and its heavy handed attempts to force them to do exactly as they say by continuing to find "administrative errors" in everything they do.

I'm not a lawyer, but I think that EU countries cannot extradite someone if they are at risk of receiving the death penalty. So that's something US officials might have to be careful about, they might need to be selective in the crimes they accuse him of. Perhaps his lawyers could argue that the US authorities are likely to accuse him of treason once they bet their hands on him, even if they don't in the official extradition request, it could be something that would buy him time. That said, the RoI government is one of the more consistently deferential ones to US interests, so I would be very shocked if they didn't eventually hand him over.

I am honestly starting to doubt that Snowden is in the russian airport, I reckon that story and all the reports on places he may go to and apply for asylum from is just smoke and mirrors.

Who would seriously consider Ireland for asylum?

edit: where he actually is; I can't even guess, but for such a clever guy to get trapped in a Russian transit zone and sit twiddling his thumbs for weeks, whilst announcing all his possible escape routes to the world just seems a bit off.

I would think that anyone would seek asylum in Ireland whose best other choice was Venezuela. Ireland seems like it would have a better economy, greater work opportunities in the tech field, and fewer cultural issues such as language. Overall, it just seems like South America would be a greater cultural shock than an English-speaking European country.

I've been enjoying my own little conspiracy theory that Snowden isn't in Russia. I see an element of ironic humor in the idea that he might have disappeared into the woodwork.

I am honestly starting to doubt that Snowden is in the russian airport, I reckon that story and all the reports on places he may go to and apply for asylum from is just smoke and mirrors.

Who would seriously consider Ireland for asylum?

edit: where he actually is; I can't even guess, but for such a clever guy to get trapped in a Russian transit zone and sit twiddling his thumbs for weeks, whilst announcing all his possible escape routes to the world just seems a bit off.

I would think that anyone would seek asylum in Ireland whose best other choice was Venezuela. Ireland seems like it would have a better economy, greater work opportunities in the tech field, and fewer cultural issues such as language. Overall, it just seems like South America would be a greater cultural shock than an English-speaking European country.

I've been enjoying my own little conspiracy theory that Snowden isn't in Russia. I see an element of ironic humor in the idea that he might have disappeared into the woodwork.

Ireland is a pretty unstable place, If snowden ended up there I would have money on him being kidnapped and north of the border faster than you can say "corruption".

I am honestly starting to doubt that Snowden is in the russian airport, I reckon that story and all the reports on places he may go to and apply for asylum from is just smoke and mirrors.

Who would seriously consider Ireland for asylum?

edit: where he actually is; I can't even guess, but for such a clever guy to get trapped in a Russian transit zone and sit twiddling his thumbs for weeks, whilst announcing all his possible escape routes to the world just seems a bit off.

I would think that anyone would seek asylum in Ireland whose best other choice was Venezuela. Ireland seems like it would have a better economy, greater work opportunities in the tech field, and fewer cultural issues such as language. Overall, it just seems like South America would be a greater cultural shock than an English-speaking European country.

I am honestly starting to doubt that Snowden is in the russian airport, I reckon that story and all the reports on places he may go to and apply for asylum from is just smoke and mirrors.

Who would seriously consider Ireland for asylum?

edit: where he actually is; I can't even guess, but for such a clever guy to get trapped in a Russian transit zone and sit twiddling his thumbs for weeks, whilst announcing all his possible escape routes to the world just seems a bit off.

I would think that anyone would seek asylum in Ireland whose best other choice was Venezuela. Ireland seems like it would have a better economy, greater work opportunities in the tech field, and fewer cultural issues such as language. Overall, it just seems like South America would be a greater cultural shock than an English-speaking European country.

I've been enjoying my own little conspiracy theory that Snowden isn't in Russia. I see an element of ironic humor in the idea that he might have disappeared into the woodwork.

Ireland is a pretty unstable place, If snowden ended up there I would have money on him being kidnapped and north of the border faster than you can say "corruption".

Ireland is not an unstable place, far from it. There was a time in the 1970s-80s where a few wealthy people (and a race horse) were kidnapped for ransom by the IRA, but that is well behind us now. The IRA have declare an end to hostilities and decommissioned their weapons, Republican politicians now sit in Parliament at Stormont, Northern Ireland, opposite Unionist and Loyalist politicians. I think your opinion of Ireland is informed by Hollywood.

While there is a possibility Snowden has left the building, it is highly unlikely it was to a destination of his own choosing. I fully expect him to "languish in a Moscow airport" for a very long time. At least until Russian and Chinese agents have decrypted his data and worked out the details of how they're going to cram his body into the undercarriage of a cargo plane to look like he was trying to stow away.

Yeah, I'm just providing some counterpoint to the spy novel narrative from which he drew his planning.

I am honestly starting to doubt that Snowden is in the russian airport, I reckon that story and all the reports on places he may go to and apply for asylum from is just smoke and mirrors.

Who would seriously consider Ireland for asylum?

edit: where he actually is; I can't even guess, but for such a clever guy to get trapped in a Russian transit zone and sit twiddling his thumbs for weeks, whilst announcing all his possible escape routes to the world just seems a bit off.

I would think that anyone would seek asylum in Ireland whose best other choice was Venezuela. Ireland seems like it would have a better economy, greater work opportunities in the tech field, and fewer cultural issues such as language. Overall, it just seems like South America would be a greater cultural shock than an English-speaking European country.

I've been enjoying my own little conspiracy theory that Snowden isn't in Russia. I see an element of ironic humor in the idea that he might have disappeared into the woodwork.

Ireland is a pretty unstable place, If snowden ended up there I would have money on him being kidnapped and north of the border faster than you can say "corruption".

Ireland is not an unstable place, far from it. There was a time in the 1970s-80s where a few wealthy people (and a race horse) were kidnapped for ransom by the IRA, but that is well behind us now. The IRA have declare an end to hostilities and decommissioned their weapons, Republican politicians now sit in Parliament at Stormont, Northern Ireland, opposite Unionist and Loyalist politicians. I think your opinion of Ireland is informed by Hollywood.

On the contrary, my opinion is based on my countless visits to ireland [dads family is irish]

Your opinion seems to be informed by the front page of the newspapers.

While a lot of the major political stuff is calmed down and a lot of weapons have been disbanded, the country (north and south) is still plagued [and basically ran by] the groups who are running the drugs and guns.

Him getting "kidnapped" by some [insert irish bad guys initals] would be an easy way for him to be "rescued" by UK forces.

Just cos the politicians have stopped arguing, don't think that all the money hungry lunatics have decided to be nice peaceful people.

Would be cool if he came here, would love to share a pint with the guy , but some worthless rat from our government would quickly find a way to hand him over just to score some easy brownie points with the US government, our politicians are also grossly-overpaid, incompetent, corrupt to-the-bone scumbags.

On the contrary, my opinion is based on my countless visits to ireland [dads family is irish] ...While a lot of the major political stuff is calmed down and a lot of weapons have been disbanded, the country (north and south) is still plagued [and basically ran by] the groups who are running the drugs and guns.

Countless visits my ass, the country is as stable as anywhere else in Europe, all that IRA shit was years ago and only affected Northern Ireland which is English territory, not the same place as the Republic of Ireland which is the country discussed in the article.

I didn't know you could have an arrest warrant issued for you in a country where you are not currently, have not recently been, and committed no crime in.

As an example.

Commit a crime in USA. Depart to Morocco with plans to settle in France becoming known to US law enforcement. Expect the Welcome Wagon at Orly to be manned by gendarmes with a French arrest warrant to hold the suspect in French custody until the extradition hearing is held.

As the Irish judge noted, each extradition treaty spells out what is or is not considered an extraditable offense and the foreign court must rule on the issue prior to setting the suspect free if no crime under the foreign law, local sentencing if the foreign court decides they have jurisdiction in the case, or extradition to the requesting country if extradition is approved.

The ruling does not surprise me at all, Ireland's legal system is complex and pedantic, not surprising the arrest warrant was denied on a technicality. The judge's decision should not be used to infer the sentiment of the Irish Government.

Indeed, there are cases here in Ireland where wealthy defendants, according to popular opinion, have literally gotten away with murder, because their expensive first class legal representation won them a court case, not by proving innocence but via the exploitation of legal loopholes and police mistakes that rendered the case against them inadmissible.

I think if Wikileaks could afford it, Snowden could delay extradition from Ireland for many years or even remain here indefinitely.

The longest court case in Ireland ran from 1986 to 2008 (22 years), it involved a dispute between two mining companies that claimed ownership of a large Lead / Zinc deposit. It was rumoured that Judges could not be found to sit in court, as they originally were involved in the case as barristers. That they settled the dispute because they ran out of Judges to do the Judging!

Would be cool if he came here, would love to share a pint with the guy , but some worthless rat from our government would quickly find a way to hand him over just to score some easy brownie points with the US government, our politicians are also grossly-overpaid, incompetent, corrupt to-the-bone scumbags.

On the contrary, my opinion is based on my countless visits to ireland [dads family is irish] ...While a lot of the major political stuff is calmed down and a lot of weapons have been disbanded, the country (north and south) is still plagued [and basically ran by] the groups who are running the drugs and guns.

Countless visits my ass, the country is as stable as anywhere else in Europe, all that IRA shit was years ago and only affected Northern Ireland which is English territory, not the same place as the Republic of Ireland which is the country discussed in the article.

If you think only the North has/had problems, then there really is not much to say to you except you are seriously misinformed.

I will concede my use of the word "stable" was not the best choice. But I think my overall point still comes through.

If you think only the North has/had problems, then there really is not much to say to you except you are seriously misinformed.

I will concede my use of the word "stable" was not the best choice. But I think my overall point still comes through.

Misinformed by 25 years of daily first-hand experience? I live here, it's fine.The only thugs to worry about here are the ones in government.

We certainly have problems, such as our government misappropriating taxpayer euros to give as pocket-money to banks, but we certainly don't have shady guys sneaking around with guns, bombs, drugs and balaclavas as you seem to be making out.

It has a temperate climate, everyone speaks English, you can get a decent pint of Guinness and much of the food will be familiar. It has public healthcare and is very high on the Human Development Index (7th). If you had to live away from the US, and even if you didn't, it's a decent part of the world to be. It's also not prone to the type of radical politics common in some parts of Latin America. And you can drink water straight from the tap (if you don't like Guinness) without fear of disease.

Also, the Guinness.

Most of my information comes from the Wikipedia page as my recollection of Ireland, from the only time I visited, is an alcoholic blur.

Guess US officials are slightly out of practice on how to properly file a motion. During recent decades it was like dispatching a few F14 and some Navy Seals to get the job done. What works well in secluded areas and done in a clandestine way seems not so easy in the EU.Less problems emerge when the US address their 51st state, the UK, when it comes to shady actions.

If you think only the North has/had problems, then there really is not much to say to you except you are seriously misinformed.

I will concede my use of the word "stable" was not the best choice. But I think my overall point still comes through.

Misinformed by 25 years of daily first-hand experience? I live here, it's fine.The only thugs to worry about here are the ones in government.

We certainly have problems, such as our government misappropriating taxpayer euros to give as pocket-money to banks, but we certainly don't have shady guys sneaking around with guns, bombs, drugs and balaclavas as you seem to be making out.

I am honestly starting to doubt that Snowden is in the russian airport, I reckon that story and all the reports on places he may go to and apply for asylum from is just smoke and mirrors.

Who would seriously consider Ireland for asylum?

edit: where he actually is; I can't even guess, but for such a clever guy to get trapped in a Russian transit zone and sit twiddling his thumbs for weeks, whilst announcing all his possible escape routes to the world just seems a bit off.

I would think that anyone would seek asylum in Ireland whose best other choice was Venezuela. Ireland seems like it would have a better economy, greater work opportunities in the tech field, and fewer cultural issues such as language. Overall, it just seems like South America would be a greater cultural shock than an English-speaking European country.

I've been enjoying my own little conspiracy theory that Snowden isn't in Russia. I see an element of ironic humor in the idea that he might have disappeared into the woodwork.

Ireland is a pretty unstable place, If snowden ended up there I would have money on him being kidnapped and north of the border faster than you can say "corruption".

Ireland is not an unstable place, far from it. There was a time in the 1970s-80s where a few wealthy people (and a race horse) were kidnapped for ransom by the IRA, but that is well behind us now. The IRA have declare an end to hostilities and decommissioned their weapons, Republican politicians now sit in Parliament at Stormont, Northern Ireland, opposite Unionist and Loyalist politicians. I think your opinion of Ireland is informed by Hollywood.

On the contrary, my opinion is based on my countless visits to ireland [dads family is irish]

Your opinion seems to be informed by the front page of the newspapers.

While a lot of the major political stuff is calmed down and a lot of weapons have been disbanded, the country (north and south) is still plagued [and basically ran by] the groups who are running the drugs and guns.

Him getting "kidnapped" by some [insert irish bad guys initals] would be an easy way for him to be "rescued" by UK forces.

Just cos the politicians have stopped arguing, don't think that all the money hungry lunatics have decided to be nice peaceful people.

According to the UN's data on drugs and crime Ireland has one of the lowest rates of murder in the world - 1.2 murders per 100,000 population. The USA's is 4.8 and Venezuela's is 45.

If you want a place that's safe from nasty drug runners and people with guns. Ireland sounds like a good bet.

The ruling does not surprise me at all, Ireland's legal system is complex and pedantic, not surprising the arrest warrant was denied on a technicality. The judge's decision should not be used to infer the sentiment of the Irish Government.

The warrant wasn't refused on a technicality. It was refused because the US government didn't show nor even claim that the offense Snowden is accused of was even committed within the US. Why would anyone then issue an arrest warrant for a US citizen on behalf of the US government when is likely that the alleged offense was committed in a 3rd, unrelated jurisdiction?

I am honestly starting to doubt that Snowden is in the russian airport, I reckon that story and all the reports on places he may go to and apply for asylum from is just smoke and mirrors.

Who would seriously consider Ireland for asylum?

edit: where he actually is; I can't even guess, but for such a clever guy to get trapped in a Russian transit zone and sit twiddling his thumbs for weeks, whilst announcing all his possible escape routes to the world just seems a bit off.

I would think that anyone would seek asylum in Ireland whose best other choice was Venezuela. Ireland seems like it would have a better economy, greater work opportunities in the tech field, and fewer cultural issues such as language. Overall, it just seems like South America would be a greater cultural shock than an English-speaking European country.

I imagine Venezuela has nicer beaches.

Ireland has beautiful beaches, but if you're referring to the weather, then for sure, Venezuela has the edge.

The ruling does not surprise me at all, Ireland's legal system is complex and pedantic, not surprising the arrest warrant was denied on a technicality. The judge's decision should not be used to infer the sentiment of the Irish Government.

The warrant wasn't refused on a technicality. It was refused because the US government didn't show nor even claim that the offense Snowden is accused of was even committed within the US. Why would anyone then issue an arrest warrant for a US citizen on behalf of the US government when is likely that the alleged offense was committed in a 3rd, unrelated jurisdiction?

IANAL but

a) it's not an "alleged" offense, he has publicly admitted not only guilt but premeditationb) the information was stolen from a physical NSA location---you don't get VPN access and NSA is not setting up open shops where they don't have legal authority. He is under US jurisdiction for the theft just like a US soldier who steals from the PX at a US army base in Germany would be.

The ruling does not surprise me at all, Ireland's legal system is complex and pedantic, not surprising the arrest warrant was denied on a technicality. The judge's decision should not be used to infer the sentiment of the Irish Government.

The warrant wasn't refused on a technicality. It was refused because the US government didn't show nor even claim that the offense Snowden is accused of was even committed within the US. Why would anyone then issue an arrest warrant for a US citizen on behalf of the US government when is likely that the alleged offense was committed in a 3rd, unrelated jurisdiction?

IANAL but

a) it's not an "alleged" offense, he has publicly admitted not only guilt but premeditationb) the information was stolen from a physical NSA location---you don't get VPN access and NSA is not setting up open shops where they don't have legal authority. He is under US jurisdiction for the theft just like a US soldier who steals from the PX at a US army base in Germany would be.

Fair enough about the 'alleged'. Dunno where I picked that habit up.The arrest warrant didn't list his crime stealing classified information though but rather states that he "unlawfully released classified information and documents to international media outlets”. He may have stolen the data in the US but no evidence was presented to the judge that he was in the US when he released it. Of course they can just reapply for the warrant with the crime of stealing the data and I'm sure they'll get it. Irish courts and politicians just can't get enough of the old bending over and presenting for the US.

I'm not a lawyer, but I think that EU countries cannot extradite someone if they are at risk of receiving the death penalty. So that's something US officials might have to be careful about, they might need to be selective in the crimes they accuse him of. Perhaps his lawyers could argue that the US authorities are likely to accuse him of treason once they bet their hands on him, even if they don't in the official extradition request, it could be something that would buy him time. That said, the RoI government is one of the more consistently deferential ones to US interests, so I would be very shocked if they didn't eventually hand him over.

The objection to the death penalty here is sufficiently strongly felt that if the US authorities were to promise not to carry it out just to make an extradition possible, and were then to change their minds after an extradition had been agreed and effected based upon such a promise, IANAL, but my guess is that such a precedent would make extradition to the US impossible in any future cases. There's also the issue of national sovereignty and independence of courts - politicians and judges would not take that kind of devious behaviour lightly, and I suspect the US authorities are smart enough to know this. The problem we had getting Abu Qatada to face trial in Jordan shows that our judges are not a pushover when it comes to the human rights of suspects of crimes overseas. http://www.bbc.co.uk/news/uk-23213740